Commission Regulation (EC) No 1071/2005 of 1 July 2005 laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market
Modified by
Commission Regulation (EC) No 1022/2006of 5 July 2006amending Regulation (EC) No 1071/2005 laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market, 32006R1022, July 6, 2006
Commission Regulation (EC) No 501/2008of 5 June 2008laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries, 32008R0501, June 6, 2008
Commission Regulation (EC) No 1071/2005of 1 July 2005laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal marketTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2826/2000 of 19 December 2000 on information and promotion actions for agricultural products on the internal marketOJ L 328, 23.12.2000, p. 2. Regulation as amended by Regulation (EC) No 2060/2004 (OJ L 357, 2.12.2004, p. 3)., and in particular Articles 4, 5(1), 6 and 12 thereof,Whereas:(1)In the light of experience gained in recent years, Commission Regulation (EC) No 94/2002 laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal marketOJ L 17, 19.1.2002, p. 20. Regulation as last amended by Regulation (EC) No 422/2005 (OJ L 68, 15.3.2005, p. 5). should be amended. In the interests of clarity and rationality, that Regulation should be replaced by a new one.(2)In the interests of sound management, the drawing up and regular updating of lists of themes and products covered by information and promotion actions for agricultural products on the internal market, the national authorities responsible for implementing this Regulation and the duration of the programmes should be specified.(3)In the interests of informing and protecting consumers, it should be specified that any message about the nutritional value of a product passed on to consumers and other target groups under the programmes must have a recognised scientific basis and that the sources of that information must be recognised.(4)In order to prevent any risk of distortion of competition, general and specific guidelines to be followed for products covered by information and promotion campaigns should be drawn up.(5)In the interests of legal certainty, it should be specified that the programmes proposed must comply with the body of Community legislation on the products concerned and the marketing thereof and with those guidelines.(6)The procedure for submitting programmes and selecting the implementing body should be laid down to ensure wide competition and the free movement of services, bearing in mind, where the proposing organisation is a public body, the provisions of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contractsOJ L 209, 24.7.1992, p. 1. Directive repealed with effect from 31 January 2006 by Directive 2004/18/EC of the European Parliament and of the Council (OJ L 134, 30.4.2004, p. 114)..(7)Criteria governing the selection of programmes by the Member States and the scrutiny of the selected programmes by the Commission should be established with a view to ensuring that the Community rules are complied with and that the measures to be implemented are effective. After examining the programmes, the Commission must decide which programmes are to be accepted and lay down the relevant budgets.(8)In the case of programmes involving more than one Member State, provision should be made for measures to ensure that the Member States concerned cooperate in submitting and scrutinising programmes.(9)In the interests of sound financial management, programmes should contain detailed rules on the financial contribution of Member States and proposing organisations.(10)The various arrangements for fulfilling the commitments entered into should be laid down in contracts to be concluded between the parties concerned and the competent national authorities within a reasonable time limit, using models supplied to the Member States by the Commission.(11)To avoid a risk of duplication of financing, information and promotion measures receiving support under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain RegulationsOJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regulation (EC) No 2223/2004 (OJ L 379, 24.12.2004, p. 1). should be excluded from support under Regulation (EC) No 2826/2000.(12)To ensure the proper performance of such contracts, contractors should lodge a security equal to 15 % of the Community contribution and that of the Member States concerned in favour of the competent national authority. To the same end, a security should be lodged where an advance payment for each annual phase is applied for.(13)The checks to be carried out by the Member States should be determined.(14)It should be specified that the implementation of the measures covered by the contracts is to be a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural productsOJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17)..(15)With a view to compliance with budget management requirements, a financial penalty should be laid down for failure to submit intermediate payment applications or to do so on time and for late payment by Member States.(16)In the interests of sound financial management and in order to avoid any risk of the payments to be made taking up the whole of the Community financial contribution and leaving no balance to pay, it should be laid down that advances and intermediate payments must not exceed 80 % of the total contribution from the Community and the Member States. To the same end, applications for payment of the balance must reach the competent national authorities within a specified time limit.(17)The Member States should check all information and promotion material produced under the programmes. The terms for the use of such material after the end of the programmes should be laid down.(18)In the light of experience and in order to monitor the proper implementation of the programmes, detailed rules should be laid down for the monitoring by the group set up to this end under Regulation (EC) No 2826/2000.(19)The Member States should check the implementation of the measures covered by this Regulation and the Commission should be kept informed of the results of the checks provided for by this Regulation. In the interests of sound financial management, provision should be made for cooperation between the Member States concerned where measures are implemented in a Member State other than the one in which the competent contracting authority is established.(20)To protect the Community's financial interests effectively, adequate measures should be adopted to combat fraud and gross negligence. Reimbursements and penalties should be introduced to this end.(21)It should be clearly laid down that, in the case of multiannual programmes, an internal evaluation report should be submitted on completion of each annual phase, even where no payment request has been made.(22)The interest rate payable by the beneficiary of a wrongful payment should be aligned on the interest rate for amounts receivable not repaid on the due date referred to in Article 86 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European CommunitiesOJ L 357, 31.12.2002, p. 1..(23)To ease the transition from Regulation (EC) No 94/2002 to this Regulation, transitional measures should be taken for information and promotion programmes for which funding is decided on by the Commission before the entry into force of this Regulation.(24)The measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for the Promotion of Agricultural Products,HAS ADOPTED THIS REGULATION: